Frequently asked questions

Name change

Q: How do I change my name?
A: Name change procedure is governed by Wisconsin Statutes 786.36-.37. (external link) This page describes the general court procedure for name changes across the state. For specific county procedures, contact your clerk of circuit court or view the Wisconsin State Law Library legal forms section. (State Law Library link)

Wisconsin also recognizes the common law right to change your name through consistent and continuous use as long as the change is not done for a fraudulent purpose. This common law right also applies to name change upon marriage.

Eligibility
You must be a resident of Wisconsin. The petition must be filed in the county of your residence. The court may grant the petition "if no sufficient cause is shown to the contrary."

For a person under 14 years of age, the petition may be submitted by:

• Both parents, if both are living, or the surviving parent.
• The guardian or person who has legal custody of the minor if both parents are dead or if parental rights have been terminated by judicial proceedings.
• The minor's mother, if the parents have not married, if the child is not adopted, and if paternity of the minor has not been established.
• One parent, if that parent has been unable to locate or serve the other parent with the petition. If the other parent is notified and objects, and has not abandoned the child, the court will require consent of the non petitioning parent.

There are some restrictions for people engaged in professions for which the State of Wisconsin requires a license. See Wisconsin Statutes 786.36(3). People required to register as sex offenders are prohibited from changing their names. See sec. 301.47(2) of 2003 Wis. Act 52. (external links)

Required forms
Four forms are required:

• Petition for Change of Name
• Order for Hearing
• Notice of Hearing
• Order for Change of Name

Standard Wisconsin name change forms are available at some office or stationery supply stores such as:

• Wisconsin Legal Blank, 749 North 37th St., Milwaukee, WI 53208  (414) 344-5155 (external link)
• Badger Office Supply, 10 South Carroll St., Madison, WI 53703  (608) 256-5444

Forms are also available in person and by mail from the Wisconsin State Law Library. (State Law Library link) This packet contains filing instructions for Dane County residents. Residents of other counties should contact their local clerk of circuit court for filing instructions.

All forms must be typed or printed in black ink. You must sign the Petition for Change of Name in front of a Notary Public. Most banks have a notary available; notaries are also listed in the Yellow Pages. Make two copies of the signed and notarized Petition for Change of Name.

Filing
File all forms (including both copies of the petition) with the clerk of circuit court office in your county. A filing fee is required.

The clerk will assign a case number and a judge to the case and will keep the original Petition For Change of Name and Order For Change of Name for the case file. The clerk's office will give you a date and time for your hearing or will give you instructions on what to do next.

Publication
Wisconsin Statute 786.37 (external link) requires publication of the Notice of Hearing and Order for Hearing in a newspaper authorized to carry legal notices for your community. You must contact the newspaper directly to publish a third class notice (i.e., printed once a week for three weeks) prior to the hearing date. The newspaper will charge a fee for this service. After publication is completed and paid for, the newspaper will mail a Proof of Publication affidavit to you.

Hearing
Arrive on time for your hearing at the assigned courtroom and inform the deputy clerk of your presence. Come forward when your case is called and give the Proof of Publication affidavit to the clerk.

You will be placed under oath and asked for the information on the petition (name, desired name, etc.). If your petition is granted, the judge will sign the Order For Name Change. The deputy clerk will then give the case file back to you with directions.

Filing the order
Take the case file back to the clerk of circuit court office and purchase at least two certified copies of the Order for Name Change. A fee will be charged for certified copies.

For people born or married in Wisconsin, you must take or mail one copy of the order to the state registrar to make the change on your birth or marriage certificate. The state registrar requires a fee. To do this, contact:

• Wisconsin Office of Vital Records, P.O. Box 309, Madison, WI 53701-0309, (608) 266-1371 (external link)
  or
• Your county's vital records office (external link)

If you were born or married outside of Wisconsin, you will need to write to that state's vital records office (external link) and ask what is required to change a birth or marriage certificate.

Another certified copy of the order should be taken to the Register of Deeds Office for filing. There will be a filing fee.

You may wish to buy an additional certified copy of the order for your records.

Name change for newborns
Wisconsin Statutes 69.11(3)(b) (external link) allows you to change your child's name without a court order, for up to 365 days after his/her birth. To do this, contact the Wisconsin Office of Vital Records at the address above.

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Vital records forms
The state registrar of vital statistics may make certain changes without a court order. The state registrar may amend the name, sex, date of birth, place of birth, parents' surnames and marital status of parents. For correction of a birth certificate within one year of the child's birth, contact:

• Wisconsin Office of Vital Records, P.O. Box 309, Madison, WI 53701-0309, (608) 266-1371 (external link)

Circuit court forms
After one year from the child's birth, a court order is required to change a birth certificate.

If a court order is required, obtain the form Court Order to Amend a Wisconsin Birth Certificate from the Wisconsin Office of Vital Records, as described above.  In some counties, such as Milwaukee, you can obtain this form from the clerk of circuit court office. The form must be typed or printed in black ink.

After you fill out the form, you should attach any necessary supporting documentation, such as a certified copy of the original birth certificate, baptismal records or hospital records. You then file your form with the clerk of court. Some counties charge a filing fee for a petition to correct a birth certificate. Contact clerk of circuit court for more information.

If your request is approved, the judge will sign the Order to Amend a Wisconsin Birth Certificate. The clerk will instruct you on how to file the order with the state registrar. The state registrar charges a filing fee.

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